Wilmar Sugar Pty Ltd T/A Sugar Australia
[2023] FWCA 1165
•27 APRIL 2023
| [2023] FWCA 1165 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Wilmar Sugar Pty Ltd T/A Sugar Australia
(AG2023/513)
SUGAR AUSTRALIA - YARRAVILLE - ENTERPRISE AGREEMENT 2020
| Sugar industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 27 APRIL 2023 |
Application for variation of the Sugar Australia - Yarraville - Enterprise Agreement 2020
An application has been made for approval of a variation to the Sugar Australia - Yarraville - Enterprise Agreement 2020 (the Agreement). The application was made by Wilmar Sugar Pty Ltd T/A Sugar Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
The applicant has provided written undertakings, a copy of which is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the variation and that they will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.
The applicant provided undertakings in connection with the application for approval of the Agreement in 2020 to meet concerns that particular requirements of ss. 186 and 187 had not been met. The undertakings were accepted and the Agreement was approved on 5 August 2020. Those undertakings also form part of the Agreement as varied.
I observe that some clauses of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 (c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
The variation was approved on 27 April 2023 and will operate from that day.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE508668 PR761339>
Annexure A
Annexure B
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